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Tag: whistleblower

Multi-Million Dollar Awards for SEC Whistleblowers

April 6, 2018

The Securities and Exchange Commission announced on March 19, 2018, its highest-ever Dodd-Frank whistleblower awards:

– two whistleblowers shared a nearly $50 million award

– a single whistleblower received more than $33 million

These awards unseated the previous record high award of $30 million in 2014.

Monetary awards are available to whistleblowers who voluntarily provide the SEC with original, timely, credible and significant information that enables it to pursue and remedy serious violations that might otherwise go unnoticed. The information must result in a successful enforcement action.

The SEC has awarded more than $262 million to 53 whistleblowers since issuing its first award in 2012.  Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million. Also, whistleblowers can report jointly under the program and share an award.

By law, the SEC protects the confidentiality of whistleblowers and does not disclose information that might directly or indirectly reveal a whistleblower’s identity. Should a whistleblower’s identity become revealed through whatever means, the SEC and Dodd Frank include provisions to protect a whistleblowing employee from retaliation by an employer. Courts have enforced whistleblower protection against retaliation through the award of significant back pay, front pay and litigation costs and expenses.

News Flash: Extension of Dodd Frank Protection to Internal Whistleblowers

August 9, 2017

The Supreme Court of the United States has agreed to hear this important issue:

Does the Dodd-Frank Wall Street Reform and Consumer Protection Act provide protections to whistleblowers who file their reports internally (within the organization) and not with the Securities and Exchange Commission (SEC)? 

SCOTUS has agreed to decide this matter commencing with oral arguments in the Fall of 2017. This decision could result in an extension of whistleblower protection empowering employees and incentivizing organizations to be fully compliant with various legislation. 

Newest on Whistleblower Protection

March 9, 2017


 

Plaintiffs seeking protection under the anti-retaliation provisions of the Georgia Whistleblowers Act (“GWA”) will applaud the Georgia Court of Appeals’ recent decision in West v City of Albany wherein it removed a fatal procedural obstacle. 

In this case, Ms. West claimed damages, attorney fees and litigation costs against the City for its decision to terminate her employment when she reported what was deemed to be financial irregularities in the City’s utility department. The City responded with a motion of dismiss the claim due to West’s failure to provide pre-litigation notice (known in latin as “ante litem notice”) six (6) months prior to filing her claim in Court and after the discovery of the adverse employment decision, as is required by the municipal ante litem notice statute. The Court reviewed the specific text of the GWA and concluded mainly that retaliation under the GWA is defined as an intentional act while the municipal ante litem notice statute specifically pertains to negligent acts; therefore, the six (6) month notice period does NOT apply to claims made pursuant to the GWA. 

The GWA is a powerful statute in that it creates a wrongful termination cause of action, even in the employment “at-will” state of Georgia, it waives sovereign immunity for municipalities such as the City in this case and, as the Court concluded: it establises a statute of limitations of up to three (3) years for a negligence claim that would otherwise provide only one (1) year. The Court would not have these powers truncated by ante litem requirements.

This decision, issued on March 6, 2017, highlights once again the importance of timely claims. If you have a legal issue, it probably has timeliness considerations in tow; therefore, speak to legal counsel sooner rather than later in order to preserve your rights!

S.O.